NEW CENTURY FINANCIAL SERVICES, INC. v. CHUKWU E. ANARAH

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-6183-05T26183-05T2

NEW CENTURY FINANCIAL

SERVICES, INC.,

Plaintiff-Respondent,

v.

CHUKWU E. ANARAH,

Defendant-Appellant.

_______________________________________

 

Submitted May 2, 2007 - Decided May 15, 2007

Before Judges C. S. Fisher and Yannotti.

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. DC-001163-05.

Chukwu E. Anarah, appellant pro se.

Pressler and Pressler, attorneys for respondent (Lawrence J. McDermott, Jr., on the brief).

PER CURIAM

Defendant Chukwu E. Anarah appeals from a judgment entered on June 20, 2006, in favor of plaintiff New Century Financial Services, Inc. in the amount of $4,014.10 plus costs. Defendant argues that the judge erred: 1) by concluding that he owed the monies claimed by plaintiff; and 2) by finding that plaintiff had standing to sue for the monies owed on the account. Having carefully considered the record in light of the arguments advanced by defendant, we affirm.

The scope of our review of findings of fact made by a judge following a bench trial is strictly limited. Such findings "are considered binding on appeal when supported by adequate, substantial and credible evidence." Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474, 484 (1974) (citing New Jersey Tpk. Auth. v. Sisselman, 106 N.J. Super. 358, 370 (App. Div.), certif. denied, 54 N.J. 565 (1969)). We will not disturb the judge's factual findings unless "they are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interests of justice." Ibid. (quoting Fagliarone v. Twp. of No. Bergen, 78 N.J. Super. 154, 155 (App. Div. 1963)).

Here, the record established that defendant had a Visa credit card, issued through Providian National Bank (Providian). Providian "charged off" the account on January 30, 2004, at which time the balance due was $3,895.50. Sherman Acquisition LLC (Sherman) acquired the account from Providian and sold it to plaintiff pursuant to an agreement dated October 12, 2004. Plaintiff thereafter commenced this action in the Special Civil Part to collect the monies due on the account at the time of "charge off" plus interest that had accrued since.

Defendant admitted that the account was his but he disputed plaintiff's claim that it was the owner of the account. To address this contention, plaintiff presented testimony from Heather Caprio (Caprio), an account manager for plaintiff. Caprio testified that plaintiff purchased the subject account from Sherman and plaintiff was the current owner of the account. Accordingly, there was substantial credible evidence to support the judge's finding that plaintiff was the owner of the account and had standing to bring this action to collect the monies due.

Defendant also contested the amount claimed by plaintiff. Defendant asserted that he did not owe any money on the account. Defendant alleged that the balance on the account was zero in November 2002 and he did not make any further charges on the credit card thereafter. However, the account statement for April 2003 shows a balance due of about $2,900, with additional charges having been made in that billing cycle. On or about April 10, 2003, defendant contested certain charges that had been billed to him, specifically purchases in the amounts of $229.45, $24.95, and $222.00. Defendant offered no documentary evidence to support his contentions that he ever disputed any charges made after November 2002, other than the three disputed in April 2003. In our view, the judge properly determined that defendant owed the $3,895.50 due when the account was "charged off," plus the interest that had accrued on the account thereafter.

Affirmed.

 

(continued)

(continued)

4

A-6183-05T2

 

May 15, 2007